quick question - debt collector suing

[logos]

I just wanted to double check something with you guys. If a debt collector files suit against you without first sending the usual dunning letter (his filed/served complaint is his "dunning letter") that's grounds for having the case dismissed because he hasn't exhausted his administrative remedies and is misusing the court, etc., right?

I understanstand the FDCPA states they can't sue while a dispute is underway, but what if the D.C. comes out of nowhere first? Would that clause of the FDCPA apply?

[Ice]

Does the FDCPA apply to debt collectors or not? That is the answer to your question.



You must insure that the law is obeyed. They are not above the law. Use the law to protect your rights.

[logos]

Ice:

Thanks for the quick reply.



anyone:

This D.C. is working for the mortgage co. They claim I'm in default and seek to accelerate the "loan" and foreclose. The complaint doesn't state how much $$ they want. Now that they seek the whole amount, I'm thinking I should let it go to court, accept their offer and request an amount to settle the mortgage--attorney's fees and all, for full reconveyance of the property. Then right then and there, fill out a blank CPN for the amount stated. Give the CPN, OOP, and Verification of Tender of Payment to the Judge to give to the lawyer.



My logic is that if I have the case dismissed, I'll only eliminate the extra fees the crooks were trying to charge me and thus place me back in the position of making the normal monthly payments. I know I can later use my exemption with a CPN or BoE to satisfy the mortgage, but they'd probably come back and complain that my instrument didn't satisfy the "debt". Squaring away the whole mortgage before the Judge (who now has direct evidence of the "debt" being discharged), will make it easier for me to get an order stating the debt was discharged and granting a full reconveyance.



It almost seems too easy.

1. Does anyone foresee any problems with this,

such as a refusal on their part to offer a settlement

amount and insistence on siezing the property?

2. Would it be better to use a BoE instead?

3. The CPN normally has witness signatures on it but

since it would be signed in open court, would that

be necessary since the court/Judge is a witness?



Thanks for any insights.

The one thing to consider if a debt collecor files a suit against you in state court, you can file a Notice of Removal to Federal Court. The reason being is that the state court lacks jurisdiction, for debt collectors are governed under the FDCPA "Federal Law". Especially if you requested validation from the get go. Once removed to Federal Court the debt collector has to have an attorney that can play ball in that juridiction, which costs a lot more $. In many cases the case can be dismissed from the gates.



R1

Research1, Where to find the Notice of Removal to Federal Court, and what reasons could I give?



1. That they are a Debt Collector and thus are governed by FDCPA?

[Jerseee]

logos,



Write a letter and demand certified verification under the code (USC 15, chp 41). Along with this demand letter attach a CPN for the whole amount in question (if you know it). Have a notary sign your CPN and Letter.



Mail it to them registered and make copies it and file the letter and CPN in the case file. If there is a case file.



Usually, they may send you unfiled lawsuits to make you think that there is a lawsuit. So check with court to see if there is one even filed.



And research1 gave you good guidance as well.

[logos]

research1:

Thanks for the info and quick response.

It's good to read your echo of my thoughts

re federal law ---> federal court. I may do just that. However, if you recall from my post, I'm not sure I want it dismissed. I think I can remove the mortgage "rock" from my shoe in one fell swoop--killing 2 birds with one stone. I suspect a Federal judge is more likely to be up-to-speed re Public Policy, UCC, etc., than a state one. OTOH, passing around a CPN in court as "payment" may not go over well, as it gets into areas they don't like to deal with.



1. Is the Notice of Removal to Federal Court enough for the State Court to get that ball rolling? The thing is, I haven't yet responded to either the State Court nor the D.C.

2. Would the complaint filed on me disappear with a new fed-enabled D.C./attorney having to file a new complaint in the Fed Court (and thus be served new papers), or does the same complaint paperwork filed on me "stick" and I merely get a notice from a Fed Court about the transfer and I'm still considered having been served?



I'm sure others out there have been/are/will be in this same situation.

I look forward to reading more of your posts.

[logos]

Jerseee:

Thanks for the response. I'm familiar with the VOD and have used it several times. I'm just thinking I might be able to settle the mortgage with the court witnessing the discharge. Do you think this is a good idea?

BTW, I checked. This is a real case.

[Jerseee]

logos,



Bring a notary with you to court and have them notarize your CPN right there on the spot. then give it to the baliff to give to them. They have been served.

[logos]

HenryBowman:



In my state the courts have Change of Venue forms in the Clerks' offices. Perhaps yours does, too.